Taxing Matters

[janieblue61]

What is the name of your state (only U.S. law)? Massachusetts

My husband was divorced from his ex-wife approx 3 years ago. They have a very basic divorce agreement.

Last year (2008), we got notice that my husband owed almost $1500 in back taxes for the year 2004. This was because he and his ex (they filed jointly that year, as they were still married) did not include all of their W-2 forms with their return. That amount, plus 4 years of penalties and interest from both the state and the fed, came to approx $1500. Which we paid. Some of the W-2s were from my husbands side jobs, some were from his ex's.

Fastforward to this year, I am looking through his divorce agreement, and it says that both parties have to split any back taxes that might come up from the years they filed jointly. But, it also says that the party who discovers that there are back taxes due has to inform the other party right away.

A year has now passed, my husband obviously forgot about that part of his agreement, and we didn't inform his ex in a timely manner. Are we just screwed on the money? Or, should we bother taking his ex back to court for her half?

Any thoughts?

 

[Antigone*]

What is the name of your state (only U.S. law)? Massachusetts

My husband was divorced from his ex-wife approx 3 years ago. They have a very basic divorce agreement.

Last year (2008), we got notice that my husband owed almost $1500 in back taxes for the year 2004. This was because he and his ex (they filed jointly that year, as they were still married) did not include all of their W-2 forms with their return. That amount, plus 4 years of penalties and interest from both the state and the fed, came to approx $1500. Which we paid. Some of the W-2s were from my husbands side jobs, some were from his ex's.

Fastforward to this year, I am looking through his divorce agreement, and it says that both parties have to split any back taxes that might come up from the years they filed jointly. But, it also says that the party who discovers that there are back taxes due has to inform the other party right away.

A year has now passed, my husband obviously forgot about that part of his agreement, and we didn't inform his ex in a timely manner. Are we just screwed on the money? Or, should we bother taking his ex back to court for her half?

Any thoughts?

My thought is that if ex- hubby didn't care enough to inform me right away, in accordance to divorce agreement then I'd say thanks ex-hubby for taking care of that. Oh, and he wouldn't get a penny out of me.

This was hubby's divorce agreement you weren't a party to that action. I think you should stay out of it.

 

[janieblue61]

Yes, I'm sure my husband's ex would have the same reaction as you. I would probably have the same reaction if I was in her position. I already know that we're not going to get her to pay half by just asking nicely, we'll have to go to court. What I'm wondering if it's worth it to try to go to court, or if we won't have a chance because she wasn't informed timely.

 

[Ohiogal]

Yes, I'm sure my husband's ex would have the same reaction as you. I would probably have the same reaction if I was in her position. I already know that we're not going to get her to pay half by just asking nicely, we'll have to go to court. What I'm wondering if it's worth it to try to go to court, or if we won't have a chance because she wasn't informed timely.

YOU are not going to have any chance of getting anything. YOU are not a party to this. YOU have nothing to do with it. Hubby will not have a chance because he never informed his ex and therefore will fail based on that issue. If he wanted her to pay half he should have informed her when he found out.

 

[janieblue61]

Well, I guess I thought it did have to do with me, since I'm married and we pool our finances. That means MY money helped pay these back taxes and any reimbursement we might get would benefit ME, since it would be money coming into OUR household. You guys are rough here. Yikes!